Legal Question in Tax Law in Washington
Leasehold improvement abondonment-gain to shareholder?
A closely-held small corporation (C) desires to move away from the founder's premises; will leasehold improvements built by the corporation (a warehouse and related buildings) abandoned at the site be construed as dividends to the shareholder by the IRS, or can the corporation write off 100% of the abandoned property without consequence to the 100% shareholder?
1 Answer from Attorneys
Re: Leasehold improvement-gain to shareholder?
If anything, it would seem to be a dead loss to the shareholder.
Perhaps I don't understand. Are you the founder and the sole shareholder?
I should think that when the lease is abandoned, the leasehold improvements
become the property of the lessee (owner) at that point, and could become
windfall income of some sort, but are probably capital in nature and need
not be declared as current income, ... I'm just spitballing on that part,
but from the other point of view, the corporation is LOSING those assets;
that might accelerate the nature of the loss from the old depreciation
schedule you had them on give you a one-time loss to declare.
I don't see where the shareholders ( AS shareholders ) have any dividends
in the eyes of the IRS. If you wanted to, though, and the founder is
the sole shareholder, you could declare a dividend and have it treated
that way: 100% of the shareholders receive 100% of the leasehold
improvements as a dividend, payable dddate to shareholders of record on
dddate, etc.
Send me more information, including numbers and what you'd prefer to have
happen.
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.